Nebraska Firearm Rights Restoration — How to Get Gun Rights Back After a Felony

If you have a felony conviction in Nebraska, a judicial set-aside will not restore your right to possess firearms. Neither will the automatic restoration of voting rights. The only path to legally owning or possessing a firearm again is a full pardon from the Nebraska Board of Pardons — and not just any pardon. The pardon must contain express written authorization from the Governor to bear arms under Neb. Rev. Stat. § 83-1,130(2).

Getting this wrong has federal consequences. Possessing a firearm as a prohibited person is a federal felony under 18 U.S.C. § 922(g), carrying up to 15 years in federal prison.

Why a Set-Aside Doesn't Restore Gun Rights

Under federal law — specifically the Gun Control Act, 18 U.S.C. § 921(a)(20) — a state post-conviction remedy only removes the federal firearms disability if it fully restores all core civil rights, including the right to possess firearms, without any limiting language.

Nebraska's set-aside statute (§ 29-2264) explicitly states that a set-aside does not restore firearm rights for felony convictions or misdemeanor convictions involving domestic violence. Because the statute contains that limitation, federal law does not recognize the set-aside as removing the firearms prohibition.

This means that even after a Nebraska court nullifies your conviction and declares you rehabilitated, the ATF and federal law enforcement still consider you a prohibited person. Purchasing a firearm from a licensed dealer — or even possessing one at home — remains a federal crime.

The Pardon Path to Firearm Rights

The only mechanism that works under both state and federal law is a full pardon from the Nebraska Board of Pardons with an explicit gubernatorial authorization to bear arms.

The Board of Pardons consists of the Governor, Attorney General, and Secretary of State. Decisions are made by majority vote. Here's the timeline and process:

Waiting period: You must maintain a completely clean record — no arrests, no convictions, no law enforcement contact — for 10 years after completing your felony sentence (including probation and parole). For misdemeanors, the waiting period is three years.

Application: Submit a complete pardon application package to the Board, including certified copies of your sentencing order, probation and release documents, and proof that all fines, costs, and restitution are paid in full. Include at least three character reference letters from people who can speak to your rehabilitation.

Hearing: You must appear before the Board at a public hearing held at the State Capitol in Lincoln. Present your case, describe your rehabilitation, and explain why a pardon with firearm rights restoration is justified.

The firearm clause: This is the critical detail. A standard pardon restores civil rights but does not automatically include firearm rights. You must specifically request that the Governor include language authorizing the restoration of your right to bear arms under § 83-1,130(2). Without that express authorization in the pardon order, federal firearms law still treats you as a prohibited person.

Processing time: The Board's administrative backlog means pardon applications typically take two to five years from submission to hearing. This is in addition to the 10-year waiting period.

Misdemeanor Domestic Violence Convictions

Federal law under 18 U.S.C. § 922(g)(9) also prohibits firearm possession for anyone convicted of a misdemeanor crime of domestic violence — regardless of whether the conviction was later set aside. The same rule applies: only a full pardon with express firearm rights restoration removes the federal prohibition.

In Nebraska, a domestic violence misdemeanor conviction is also specifically excluded from set-aside eligibility under § 29-2264 if it involves a motor vehicle offense. For standard domestic assault convictions, a set-aside is technically available but provides no relief on the federal firearms question.

Voting Rights Are Separate

Since the Nebraska Supreme Court's decision in Spung v. Evnen (October 2024), voting rights are automatically restored immediately upon completion of your entire sentence — including parole and probation. No pardon, no waiting period, no application required.

This automatic voting restoration does not affect firearms. The two rights follow completely different legal pathways in Nebraska, and restoring one has no bearing on the other.

The Nebraska Expungement & Record Sealing Guide covers the complete pardon application process, including a checklist for requesting the firearm rights authorization clause and a template for your hearing testimony.

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